Bushwhacked wrote:So is anyone REALLY surprised that the "Good 'Ole' Boy Network" that is Davidson County "protects and serves" one of it's own? What a travesty. Once again, the SBI needs to step in and investigate the esteemed "GOP Huntin' and Fishin' Club" that owns and operates our county government and judicial system.

Not surprised at all. Just another typical Davidson County shenanigan. As Andy said, "You've made a mockery of this court." This is, after all, Mayberry.

Looks like new rules for the lake. No more Wildlife inspections of equipment or wake zone restrictions.They stop me I'm pleading the Yates case.

Anyone want to drive impaired? New rules, refuse the test and just don't stumble. At least now I know why Todd Yates would want to be a commissioner. When he ran for office, I wondered if his life style might be impaired, obviously not as far as the law is concerned and to think I paid a ticket for a flat fire extinguisher one year. I'm going to buy me a pontoon so that I don't have to slow down for the no wake zones. I never knew a pontoon didn't make a wake, what an eye opener.

Might as well save the money on paying the Wildlife to police the lake if the courts aren't going to stand behind them. Shame on the Judge in this case. That is of course in less your in trouble, now you know one judge that can be bought, judge Mark Galloway.

I don't understand whether the defense entered that opinion into evidence through a witness or the judge simply created the wake opinion on his own?

If the defense had a witness prepared to make such a statement of opinion, doesn't responsibility fall to the prosecution for failing to properly address the statement? It's a matter of physics whether or not a boat can generate a wake. The manufacturer's speed ratings could easily dismiss such nonsense, as could a picture of a pontoon pulling a tube or even a water skier.

The officer used his observation skills to determine the boat was operating above idle speed. I'm calling shenanigans on the prosecution for failing to challenge the opinion of a witness on the boat and failing to support the trained observation of the officer. Or the judge entered his own evidence, which is even worse.

It sounds like the judge was in on it, but the miscarriage of justice was almost certainly delivered by inept or biased prosecution.

Good point, Juan. Since the key defense witness, Clark Brown, testified that Yates had maybe 3 or 4 beers, and that Yates had purchased an 18 pack of Miller Lite and another case, I wonder who drank all the beer as evidenced by the empty cans and bottles?

Was Brown intoxicated? If so, how can his testimony seriously be considered? If Brown doesn't drink alcohol, then Ms. Hughes must have had a happy afternoon. And why wasn't Brown operating the vessel. 3 or 4 beers is enough to let another drive.

It does seem that the prosecution either failed the public or was part of the plan.

Judge Mark Galloway's statement that "the boat was not fast enough to kick up any wake" looks like his own evidence to me. Yes, that is worse.

mr. Bad wrote:Good point, Juan. Since the key defense witness, Clark Brown, testified that Yates had maybe 3 or 4 beers, and that Yates had purchased an 18 pack of Miller Lite and another case, I wonder who drank all the beer as evidenced by the empty cans and bottles?

Was Brown intoxicated? If so, how can his testimony seriously be considered? If Brown doesn't drink alcohol, then Ms. Hughes must have had a happy afternoon. And why wasn't Brown operating the vessel. 3 or 4 beers is enough to let another drive.

It does seem that the prosecution either failed the public or was part of the plan.

Judge Mark Galloway's statement that "the boat was not fast enough to kick up any wake" looks like his own evidence to me. Yes, that is worse.

Very good points, Mr Bad. Was there no inventory of the evidence, or at the least photographs? Hell, 6th grade math would have shed some light on the evidence.

A judge pushing his own "evidence" into a trial is indescribable. My vote goes to a chummy conspiracy.

I also find it interesting that usually when a citizen acts disrespectful to an officer of a the law, that citizen is held more accountable for his actions not less.

Since when do you act high and mighty to an officer of the law, talk back with disrespect and disregard instructions and you are the one in the right. Answer is " when you pay for it"

Can you imagine getting stopped at a license check and when the officer ask for your license and registration, simply throwing it in the passenger floorboard and telling him " if you want it, you get it " Not to mention, if you have been drinking, cursing out the officer for interrupting your good time and refusing to cooperate with him at all. Never knew that was the way to beat a ticket.

I was always taught to comply and act respectful. Boy was I a sucker.

Imagine the law officer that is trained to treat everyone the same, that now has to wonder what to do the next time somebody tells him " you don't know who you messing with here boy, I know people".

I'm with you Mr. Bad, where was the prosecution in this case. Was Gary Frank's conflict of interest because he refused to take the case and sit by and do nothing.

You have to bet that Judge Galloway didn't know he would make front page news with his sell out. It just goes to prove, if in any court room in America, if a court intervenes with no cases to try, the courtroom is still full of criminals. Not to mention how it confirms the study, if you work for the government, you are ten times more likely to lie to someone.

Judge Mark Galloway's statement that "the boat was not fast enough to kick up any wake" looks like his own evidence to me. Yes, that is worse.

Somebody needs to put this "judge" on a pair of skis behind a pontoon boat and let him experience a wake first hand. Hell a ten foot jon boat with a 3 HP engine can throw up a good size wake. I bet if i paddled real hard i could throw up a wake with a canoe.

What kind of an idiot is this judge? Has he ever been out on a lake? A pontoon boat even with an electric trolling motor can throw a wake.

Obviously the "judge" was looking very hard for some excuse to let this guy off and decided that "no wake" would somehow excuse refusing breath test, beliggerent behavior to an officer, beer cans, testimony of drinking.

This judge should be censored by the NC Bar or whatever organization controls outrageous judicial behavior..and the commissioner should resign in disgrace for his actions on the lake and in the court room.

This is typical of the dealings going on in Davidson County. It's about the money, and who you know. The rich and powerful can do anything they want because they are neighbors and buddies of those making the rules. Our judges are just as crooked as those standing before them. Just like the child support enforcement crowd, they care nothing about those involved, just the money. As far as I am concerned, they can all go straight to hell! Bottom line, they're all politicians and politicians as a general rule can't be trusted!